The purpose of this subchapter is to provide administrative and legislative procedures for the review of plans, the processing and review of applications for consideration and relief under this chapter, and for appeal procedures with respect to Community Development Director and Planning Commission determinations.

(Ord. 2022-002, passed 4-26-22)

   Application for any permit, variance, appeal, zoning ordinance amendment or other entitlement provided by this chapter shall be prepared and submitted by the applicant, shall be processed by the city, and shall be reviewed by the appropriate body or person pursuant to this chapter and the more specific provisions set forth in subsequent sections for the specific entitlement.

(Ord. 2022-002, passed 4-26-22)

   Application for any permit, variance, appeal, or other entitlement provided by this chapter and considered by the city, shall be made on a form prescribed by the city and signed by the applicant and the owner of the affected property or authorized agent and shall be accompanied by the fee prescribed by a separate city ordinance.

(Ord. 2022-002, passed 4-26-22)

   Applications to be considered by the city shall be accompanied by the following supporting information as may be applicable:

   (A)   A legal description of the property (required);

   (B)   A location map showing the project site and the general vicinity of the site (required);

   (C)   A completed environmental information form as prescribed by the city in its CEQA Guidelines (required);

   (D)   Site plans, elevations plans, floor plans, and other maps and data as may be necessary to describe the existing conditions on and surrounding the property and the proposed plans for the future development of the property. The Planning Commission shall by resolution maintain a listing of the minimum documentation necessary for submittal in support of each type of application;

   (E)   Such other information specified in this title for the particular entitlement requested.

(Ord. 2022-002, passed 4-26-22)

   (A)   Upon submittal to the city, applications shall be processed in accordance with the following:

         (a)   A determination shall be made as to whether the application is in order and complete pursuant to city requirements and CEQA Guidelines.

         (b)   If the application is determined to be not in order or complete the applicant shall be notified of the deficiencies in application and/or specific data necessary to make it complete.

         (c)   At such time as the application is determined to be complete, the applicant shall be notified.

      (1)   If the matter is one requiring a public hearing, a public hearing date shall be set and advertised pursuant to § 153.215.

      (2)   If the matter is one allowing the Community Development Director or his or her designee action, the matter shall be reviewed and action shall be taken.

      (3)   If the matter is one requiring Planning Commission action or recommendation to the City Council, the matter will be forwarded to the Planning Commission for their review and action or recommendation.

      (4)   If the matter is one requiring City Council action, the matter will be forwarded to the City Council for their review and action.

(Ord. 2022-002, passed 4-26-22)

   (A)   Whenever the provisions of this title state that a public hearing shall be held, a public hearing notice shall be given pursuant to Cal. Gov’t Code § 65091.

   (B)   All mailing or publication shall be accomplished at least ten days prior to the public hearing.

   (C)   The failure of any person to receive notice required by this section, shall not affect the authority of the city to act on a matter before it, provided proper notice has been found to be given.

(Ord. 2022-002, passed 4-26-22)

      (1)   The proposed use is consistent with the general plan, any applicable specific plan, and all applicable provisions of this chapter;

      (2)   The establishment, maintenance or operation of the use applied for will not, under the circumstances of the particular case (location, size, design, and operating characteristics), be detrimental to the health, safety, and general welfare of the persons residing or working in the neighborhood or to the general welfare of the city;

      (3)   The proposed use is consistent with the purpose of the applicable zoning district or districts;

      (4)   The proposed use meets the minimum requirements of this title applicable to the use and complies with all other applicable laws, ordinances, and regulations of the city and state.

      (1)   No building or zoning permit shall be issued in any case where a use permit is required by the provisions of this title unless and until such use permit has been granted by the Planning Commission or Council and then only in accordance with the terms and conditions of the use permit granted.

      (2)   No application for a use permit which has been denied shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of change of project conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.

      (3)   Any use permit granted shall be null and void 24 months from the date of final approval thereof unless prior to such expiration date, the property is being used for the purpose of which the use permit was granted or unless a valid building permit is in effect for the construction of necessary buildings or appurtenances to such use. The Planning Commission may defer expiration of the permit for a period not exceeding one year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.

(Ord. 82-7, passed 9-27-82; Ord. 89-22, passed 1-8-90; Am. Ord. 2022-002, passed 4-26-22)

      (1)   The proposed project is consistent with the objectives of the general plan, complies with applicable zoning regulations, planned development, master plan or specific plan provisions, improvement standards, and other applicable standards and regulations adopted by the city.

      (2)   The proposed project will not create conflicts with vehicular, bicycle, or pedestrian transportation modes of circulation.

      (3)   The site layout (orientation and placement of buildings and parking areas), as well as the landscaping, lighting, and other development features, is compatible with and compliments the existing surrounding environment and ultimate character of the area under the general plan.

      (4)   The proposed architecture, including the character, scale, and quality of the design, relationship with the site and other buildings, building materials, colors, screening of exterior appurtenances, exterior lighting, and similar elements, establishes a clear design concept and is compatible with the character of the buildings on adjoining and nearby properties.

      (1)   No building or zoning permit shall be issued in any case where an architecture and site plan review application is required by the provisions of this title unless and until such permit has been granted by the Planning Commission, or City Council and then only in accordance with the terms and conditions of the architecture and site plan review permit granted.

      (2)   No application for an architecture and site plan review application which has been denied shall be resubmitted for a period of one year from the date the order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission or City Council, whichever issued the order of denial.

      (3)   Any architecture and site plan review granted shall be null and void 24 months from the date of final approval thereof unless prior to such expiration date, a valid building permit is in effect for the construction of necessary buildings or appurtenances of the review. The Planning Commission may defer expiration of the permit for a period not exceeding one year upon application, in writing, by the owner of the property prior to expiration provided such use is still permitted in the district in which it is proposed to be located.

(Ord. 2022-002, passed 4-26-22)

      (1)   Because of special circumstances applicable to the property including size, shape, topography, location or surroundings, the strict application of the zoning ordinance deprives the subject property of the privileges enjoyed by other properties in the vicinity and under identical zone classifications.

      (2)   The granting of the application is necessary for the preservation and enjoyment of substantial property rights of the petitioner and will not constitute a grant of special privileges.

      (3)   The granting of such application will not, under the circumstances of the particular case, materially adversely affect the health or safety of persons residing or working in the neighborhood of the property of the applicant and will not, under the circumstances of the particular case be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.

      (1)   The variance shall not become effective for ten days after being granted and in the event an appeal is filed, shall not become effective until a decision is made by the Council on such appeal.

      (2)   No application for a variance which has been denied shall be resubmitted for a period of one year from the date of said order of denial became final, except on grounds of new evidence or proof of change of conditions found to be valid by the Planning Commission.

      (3)   Any variance granted shall be null and void 12 months from the date of final approval thereof unless prior to such expiration date, the property is being used as stated in the variance, or unless a valid building permit is in effect for the construction of buildings or appurtenances to such variance. The Planning Commission may defer expiration of the variance for a period not exceeding one year upon receiving an application, in writing, by the owner of the property prior to expiration provided the conditions for granting the variance have not changed.

      (4)   The Planning Commission may revoke or modify the approval of a variance as indicated in § 153.247.

(Ord. 2016-003, passed 4-26-16; Am. Ord. 2022-002, passed 4-26-22)

 

 

 

(Ord. 2016-003, passed 4-26-16; Am. Ord. 2022-002, passed 4-26-22)